Australian Museum Trust Act 1975

This Act may be cited as the Australian Museum Trust Act 1975.

This section and section 1 shall commence on the date of assent to this Act.

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

Director means the person employed in the Public Service as the Director of the Australian Museum.

regulation means a regulation under this Act.

Trust means the Australian Museum Trust constituted by section 5.

trustee means a trustee referred to in section 6.

Notes included in this Act do not form part of this Act.

There is hereby constituted a corporation with the corporate name “Australian Museum Trust”.

The Trust is a continuation of, and the same legal entity as, the body corporate entitled “The Trustees of the Australian Museum” incorporated under the Australian Museum Act 1902.

The Trust shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on it by or under this or any other Act.

The Trust is to consist of 12 trustees appointed by the Governor on the nomination of the Minister.

Schedule 1 has effect.

The objects of the Trust are to propagate knowledge about the natural environment of Australia and to increase that knowledge.

When acting in pursuance of its objects, the Trust shall give particular emphasis to propagating and increasing knowledge in the natural sciences of biology, anthropology and geology.

The Trust may—

procure and preserve, specimens and scientific data relating to the natural sciences,

promote and provide exhibits, lectures, films, publications and other educational instruction relating to the natural sciences,

provide scientific information to the public and to any museum or scientific body,

undertake scientific research in the natural sciences in pursuance of its objects,

carry out surveys and other research for statutory bodies that are subject to the control and direction of a Minister of the Crown and for other persons,

permit a person or body to use any part of the Australian Museum for activities of an educational or cultural nature, and

charge and receive fees for—

any survey or other research that may be carried out under paragraph (e), and

any permission given under paragraph (f), and

any matter for which the Trust determines fees are payable under subsection (9A),

which fees shall be the property of the Trust.

The Trust may engage in commercial activities (including revenue generating activities) in furtherance of the objects of the Trust or for or in connection with or incidental to the exercise or performance of any power, authority, duty or function of the Trust.

The powers, authorities, duties and functions of the Trust may be exercised and performed within or outside the State.

Subject to this Act and the regulations, the Trust shall have the control and management of all property vested in the Trust.

The Trust may agree to any condition that is not inconsistent with its objects being imposed on its acquisition of any property.

Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust in relation to the property under subsection (3).

The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).

The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Australian Museum or the Trust.

The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise and perform its powers, authorities, duties and functions.

A person may be appointed to a committee whether or not the person is a trustee.

The Trust may provide, control and manage branches or departments of the Australian Museum.

The Trust may from time to time determine the following—

the fees payable for admission to the Australian Museum or any part of the Museum,

the fees payable for the photographing of exhibits for commercial purposes.

Fees may differ according to such factors as the Trust may determine.

The Trust may exempt any person or class of persons from paying any fee.

The Trust shall have, and may exercise and perform, such powers, authorities, duties and functions, in addition to those specified in this section, as are reasonably necessary for the attainment of its objects, but may only borrow money in accordance with Part 4.

However, the Trust cannot employ any staff.

In this section, condition means a condition to which the Trust has agreed under section 8 (3).

Subject to subsection (3), the Trust shall not sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest or any real property otherwise acquired, except—

where the property was acquired without any condition—with the approval of the Governor (which may be given in respect of any case or class of cases), or

where the property was acquired subject to a condition—in accordance with the condition or section 10.

Subject to section 8 (4), and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.

Subject to subsection (2), where the Trust resolves that any property that has been acquired by the Trust subject to a condition to which the Trust has agreed under section 8 (3) is not required for the purposes of the Trust, the Trust may—

sell the property and retain the proceeds of the sale as property of the Trust,

exchange the property for other property,

give the property to an educational institution (including a museum), or

if the Trust is of the opinion that the property is of no commercial value—dispose of the property without valuable consideration,

notwithstanding the condition subject to which the property was acquired.

The Trust shall not sell, exchange, give or dispose of any property under subsection (1) except with the consent of the Governor and in accordance with any condition the Governor may impose upon the grant of his or her consent.

The Governor may consent to the sale, exchange, gift or disposal of property for the purposes of this section and may impose any condition he or she thinks fit upon the grant of his or her consent.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Trust to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Trust makes use of) may be referred to as officers or employees, or members of staff, of the Trust.

The Director is responsible for the administration and management of the Australian Museum and any services provided in conjunction therewith.

The Director shall be the secretary to the Trust.

The Director is, in the exercise or performance of his or her powers, authorities, duties and functions under this Act, subject to the control and direction of the Trust.